Takeaway: HR professionals must enforce company policies consistently while ensuring they align with federal laws, such as the National Labor Relations Act (NLRA), and state laws, such as the Colorado Anti-Discrimination Act (CADA). Employees who record conversations may, in some instances, be engaging in protected activity under the NLRA.
An employer did not retaliate against an employee for making reasonable requests for lactation accommodations when the employee was fired after violating the employer’s no-recording policy, the 10th U.S. Circuit Court of Appeals has ruled.
In the spring of 2019, the plaintiff took leave under the Family and Medical Leave Act for the birth of her child. Upon her return to work in July 2019, she requested accommodations to pump breast milk while at work. Although she was initially permitted to use a company wellness room to pump breast milk on company time, this room became unavailable due to construction.
The employer provided the plaintiff with several other location options for lactation breaks, including a bathroom and then a locker room, which was accessible by a man’s key. The options were unsatisfactory, and the plaintiff contacted a supervisor, seeking alternative lactation accommodations under Colorado and federal law. Ultimately, the plaintiff was able to use the newly renovated wellness room, which doubled as a break room.
On Aug. 22, 2019, the plaintiff’s employer changed its policy on lactation breaks and required her to...
numerous alleged violations of the False Claims Act with the U. S. government, which accused him of lying to obtain Small Business Administration loans meant to help companies stay afloat during th...